Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance policies, you may need to sue the other driver in a small claims court. You should consider hiring an experienced accident lawyer prior to taking this step.
The insurance company of the other party will examine your claim and determine liability for the collision. They will then award compensation for your injuries and vehicle damages as well as the losses resulting from pain and suffering. The process usually includes the following steps:
Gathering Information
If you're able to do so at the site of the accident while it is safe, take pictures of all the vehicles involved in the accident including the damage, as well as any injuries that were sustained. These photos can be used to establish that the incident occurred in the manner you described it. Take pictures of the accident site, including any skidmarks or debris.
If you can, it is crucial to collect the names, addresses and telephone numbers from eyewitnesses. They could be later able to testify as to what happened and who was at fault. In certain cases, eyewitness testimony is the most important evidence in a lawsuit.
Note down the insurance information of all parties involved. You will require the insurance company's name as well as the policy number and contact details, as well as the driver's name and license plate number. These details should be obtained in the earliest time possible to avoid confusion or disputes later on.
Documentation of expenses and medical treatment can be useful to an insurance claim too. Keep receipts for prescription drugs and other expenses that were incurred due to the accident. This can help in proving the damages you claim. Also, if unable to work due to your injuries, it's vital that you keep track of your lost wages.
Filing the Claim
If you're able to file a claim it is recommended to make your claim as soon as you can following the accident. This gives the insurance company an opportunity to go through all of your paperwork and get to work. This will ensure that you meet the New York law deadlines for filing your claim.
You'll have to provide information regarding the incident, including any injuries you may have sustained. The information you provide will be used to calculate your damages, which may include compensation for medical expenses, lost wages, property damage, and pain and suffering.
If it is necessary the insurance company will have to determine who is the culprit. It is beneficial to have the final police report to assist in this. It is crucial to remember that determining the cause of the crash isn't always a simple task. In some cases even if you believe the crash was your fault other factors may have contributed to it. For example, New York is a state of comparative fault which means that your damages will be diminished by your percentage of fault.
The insurance company will assign an adjuster for case. It's a good idea to have your lawyer with you as you talk to the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you're not able to agree on a settlement that's acceptable, you may have to go to court in order to get the money that you are entitled to.
Examining the damage
The insurance company will need to visit the scene of the accident to see the accident for themselves. They'll probably question you as well as other people involved in the accident, speak with witnesses and inspect your vehicles. They will also review your medical records, expenses, and lost wages in order to obtain a more precise picture of the effect that the accident had on you.
While you are waiting for the police, take photos with your mobile phone. This will allow you to record the damage and skid marks on both cars and also the exact location of the cars.
If it's safe you can exchange insurance and contact information with the other drivers involved in the crash. Note down the names, addresses, phone number, insurance company, policy number, and driver's licence details of each driver. Also note the car's model, year and license plate number.
It's tempting to point fingers at another driver in the heat of the moment but this could be a backfire. Be calm and don't admit to fault or guilt. It's also recommended to collect the names and numbers of witnesses to the accident, if it is possible.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially when you're dealing with medical bills and lost wages. Fortunately it is possible to made easier by hiring a knowledgeable lawyer to negotiate with the insurance company on your behalf. An
attorney will have a greater understanding of the law and how to calculate the total amount of your losses and damages and what to expect from an insurance company in settlement negotiations.
The first step in the settlement process is to draft your demand letter, which includes your demand for the amount you require to cover your injuries and expenses. Your attorney can help you gather this information and also include any other documents to support your request. For instance, if provided the insurance adjuster with photos of your car and injuries that were particularly severe, your lawyer will mention those during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages, which are based on the mental and emotional anxiety you've experienced as a result of the
auto accident attorney.
Insurance companies will consider your claim more seriously if engage an attorney to negotiate the settlement on behalf of you. They will also offer a greater settlement. If the insurance company refuses to offer an equitable settlement, your lawyer will start a lawsuit and
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